Texas 2011 - 82nd Regular

Texas House Bill HB863 Compare Versions

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1	1	82R18878 NAJ-F
2	2	By: Christian H.B. No. 863
3	3	Substitute the following for H.B. No. 863:
4	4	By: King of Parker C.S.H.B. No. 863
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Timber Springs Municipal Management
10	10	District; providing authority to impose a tax, levy an assessment,
11	11	and issue bonds.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle C, Title 4, Special District Local Laws
14	14	Code, is amended by adding Chapter 3897 to read as follows:
15	15	CHAPTER 3897. TIMBER SPRINGS MUNICIPAL MANAGEMENT DISTRICT
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 3897.001. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Director" means a board member.
20	20	(3) "District" means the Timber Springs Municipal
21	21	Management District.
22	22	(4) "Improvement project" means a project authorized
23	23	by Subchapter C-1.
24	24	Sec. 3897.002. CREATION AND NATURE OF DISTRICT. The
25	25	district is a special district created under Section 59, Article
26	26	XVI, Texas Constitution.
27	27	Sec. 3897.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
28	28	creation of the district is essential to accomplish the purposes of
29	29	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
30	30	Texas Constitution, and other public purposes stated in this
31	31	chapter. By creating the district and in authorizing a
32	32	municipality in which the district is located and other political
33	33	subdivisions to contract with the district, the legislature has
34	34	established a program to accomplish the public purposes set out in
35	35	Section 52-a, Article III, Texas Constitution.
36	36	(b) The creation of the district is necessary to promote,
37	37	develop, encourage, and maintain employment, commerce,
38	38	transportation, housing, tourism, recreation, the arts,
39	39	entertainment, economic development, safety, and the public
40	40	welfare in the district.
41	41	(c) This chapter and the creation of the district may not be
42	42	interpreted to relieve a municipality or county in which the
43	43	district is located from providing the level of services provided
44	44	as of the effective date of the Act enacting this chapter to the
45	45	area in the district. The district is created to supplement and not
46	46	to supplant municipal and county services provided in the district.
47	47	Sec. 3897.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
48	48	The district is created to serve a public use and benefit.
49	49	(b) All land and other property included in the district
50	50	will benefit from the improvements and services to be provided by
51	51	the district under powers conferred by Sections 52 and 52-a,
52	52	Article III, and Section 59, Article XVI, Texas Constitution, and
53	53	other powers granted under this chapter.
54	54	(c) The creation of the district is in the public interest
55	55	and is essential to further the public purposes of:
56	56	(1) developing and diversifying the economy of the
57	57	state;
58	58	(2) eliminating unemployment and underemployment;
59	59	(3) providing quality residential housing; and
60	60	(4) developing or expanding transportation and
61	61	commerce.
62	62	(d) The district will:
63	63	(1) promote the health, safety, and general welfare of
64	64	residents, employers, potential employees, employees, visitors,
65	65	and consumers in the district, and of the public;
66	66	(2) provide needed funding for the district to
67	67	preserve, maintain, and enhance the economic health and vitality of
68	68	the district territory as a residential community and business
69	69	center; and
70	70	(3) promote the health, safety, welfare, and enjoyment
71	71	of the public by providing pedestrian ways and by landscaping and
72	72	developing certain areas in the district, which are necessary for
73	73	the restoration, preservation, and enhancement of scenic beauty.
74	74	(e) Pedestrian ways along or across a street, whether at
75	75	grade or above or below the surface, and street lighting, street
76	76	landscaping, vehicle parking, and street art objects are parts of
77	77	and necessary components of a street and are considered to be an
78	78	improvement project that includes a street or road improvement.
79	79	(f) The district will not act as the agent or
80	80	instrumentality of any private interest even though the district
81	81	will benefit many private interests as well as the public.
82	82	Sec. 3897.005. DISTRICT TERRITORY. (a) The district is
83	83	composed of the territory described by Section 2 of the Act enacting
84	84	this chapter, as that territory may have been modified under
85	85	Section 3897.111 or other law.
86	86	(b) A mistake in the field notes of the district contained
87	87	in Section 2 of the Act enacting this chapter or in copying the
88	88	field notes in the legislative process does not in any way affect:
89	89	(1) the district's organization, existence, or
90	90	validity;
91	91	(2) the district's right to contract, including the
92	92	right to issue any type of bond or other obligation for a purpose
93	93	for which the district is created;
94	94	(3) the district's right to impose or collect an
95	95	assessment, tax, or any other revenue; or
96	96	(4) the legality or operation of the board.
97	97	Sec. 3897.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
98	98	(a) All or any part of the area of the district is eligible to be
99	99	included in:
100	100	(1) a tax increment reinvestment zone created by a
101	101	municipality in which the district is located under Chapter 311,
102	102	Tax Code;
103	103	(2) a tax abatement reinvestment zone created by a
104	104	municipality in which the district is located under Chapter 312,
105	105	Tax Code; or
106	106	(3) an enterprise zone created by a municipality in
107	107	which the district is located under Chapter 2303, Government Code.
108	108	(b) If a municipality in which the district is located
109	109	creates a tax increment reinvestment zone described by Subsection
110	110	(a), the municipality and the board of directors of the zone, by
111	111	contract with the district, may grant money deposited in the tax
112	112	increment fund to the district to be used by the district for the
113	113	purposes permitted for money granted to a corporation under Section
114	114	380.002(b), Local Government Code, including the right to pledge
115	115	the money as security for any bonds issued by the district for an
116	116	improvement project.
117	117	[Sections 3897.007-3897.050 reserved for expansion]
118	118	SUBCHAPTER B. BOARD OF DIRECTORS
119	119	Sec. 3897.051. GOVERNING BODY; TERMS. The district is
120	120	governed by a board of five directors who serve staggered terms of
121	121	four years, with two or three directors' terms expiring May 31 of
122	122	each even-numbered year.
123	123	Sec. 3897.052. ELECTION DATE. The board shall hold an
124	124	election for directors on the uniform election date in May in
125	125	even-numbered years.
126	126	Sec. 3897.053. ELIGIBILITY. (a) To be qualified to serve
127	127	as a director, a person must be:
128	128	(1) an owner of real property in the district; or
129	129	(2) an employee of a person described by Subdivision
130	130	(1).
131	131	(b) Section 49.052, Water Code, does not apply to the
132	132	district.
133	133	Sec. 3897.054. VACANCY. (a) The remaining directors shall
134	134	fill a vacancy on the board by appointing a person who meets the
135	135	qualifications prescribed by Section 3897.053.
136	136	(b) If there are fewer than three directors, the governing
137	137	body of the largest municipality in which the district is located
138	138	shall appoint the necessary number of directors to fill all board
139	139	vacancies.
140	140	Sec. 3897.055. DIRECTOR'S OATH OR AFFIRMATION. A director
141	141	shall file the director's oath or affirmation of office with the
142	142	district, and the district shall retain the oath or affirmation in
143	143	the district records.
144	144	Sec. 3897.056. OFFICERS. The board shall elect from among
145	145	the directors a chair, a vice chair, and a secretary.
146	146	Sec. 3897.057. COMPENSATION OF DIRECTORS; REIMBURSEMENT OF
147	147	EXPENSES. (a) The district may compensate each director in an
148	148	amount not to exceed $50 for each board meeting. The total amount
149	149	of compensation a director may receive each year may not exceed
150	150	$2,000.
151	151	(b) A director is entitled to reimbursement for necessary
152	152	and reasonable expenses incurred in carrying out the duties and
153	153	responsibilities of a director.
154	154	Sec. 3897.058. INITIAL DIRECTORS. (a) The initial board
155	155	consists of the following directors:
156	156	Pos. No. Name of Director Pos. No. Name of Director
157	157	Pos. No. Name of Director
158	158	1 Charles F. Jordan 1 Charles F. Jordan
159	159	1 Charles F. Jordan
160	160	2 Darren Woody 2 Darren Woody
161	161	2 Darren Woody
162	162	3 Rob Hutchison 3 Rob Hutchison
163	163	3 Rob Hutchison
164	164	4 Joe Geer 4 Joe Geer
165	165	4 Joe Geer
166	166	5 Nick Craig 5 Nick Craig
167	167	5 Nick Craig
168	168	(b) Of the initial directors, the terms of directors
169	169	appointed for positions 1 and 2 expire May 31, 2012, and the terms
170	170	of directors appointed for positions 3 through 5 expire May 31,
171	171	2014.
172	172	(c) This section expires September 1, 2014.
173	173	[Sections 3897.059-3897.100 reserved for expansion]
174	174	SUBCHAPTER C. POWERS AND DUTIES
175	175	Sec. 3897.101. IMPROVEMENT PROJECTS. The district may
176	176	provide, or it may enter into contracts with a governmental or
177	177	private entity to provide, the improvement projects described by
178	178	Subchapter C-1 or activities in support of or incidental to those
179	179	projects.
180	180	Sec. 3897.102. WATER DISTRICT POWERS. The district has the
181	181	powers provided by the general laws relating to conservation and
182	182	reclamation districts created under Section 59, Article XVI, Texas
183	183	Constitution, including Chapters 49 and 54, Water Code.
184	184	Sec. 3897.103. ROAD DISTRICT POWERS; EXCEPTION. (a)
185	185	Except as provided by Subsection (b), the district has the powers
186	186	provided by the general laws relating to road districts and road
187	187	utility districts created under Section 52(b), Article III, Texas
188	188	Constitution, including Chapter 441, Transportation Code.
189	189	(b) The district may exercise any power granted by this
190	190	chapter and by Chapter 441, Transportation Code, without regard to
191	191	any provision or requirement of, or procedure or maintenance tax
192	192	rate limitation prescribed by, Chapter 441, Transportation Code.
193	193	Sec. 3897.104. PUBLIC IMPROVEMENT DISTRICT POWERS. The
194	194	district has the powers provided by Subchapter A, Chapter 372,
195	195	Local Government Code, to a municipality or county.
196	196	Sec. 3897.105. MUNICIPAL MANAGEMENT DISTRICT POWERS. The
197	197	district has the powers provided by Chapter 375, Local Government
198	198	Code.
199	199	Sec. 3897.106. RULES; ENFORCEMENT. (a) The district may
200	200	adopt rules:
201	201	(1) to administer or operate the district;
202	202	(2) for the use, enjoyment, availability, protection,
203	203	security, and maintenance of the district's property and
204	204	facilities; or
205	205	(3) to provide for public safety and security in the
206	206	district.
207	207	(b) The district may enforce its rules by injunctive relief.
208	208	Sec. 3897.107. CONFLICT WITH MUNICIPAL RULE, ORDER, OR
209	209	ORDINANCE. To the extent a district rule conflicts with a rule,
210	210	order, or ordinance of a municipality in which the district is
211	211	located, the municipal rule, order, or ordinance controls.
212	212	Sec. 3897.108. NAME CHANGE. The board by resolution may
213	213	change the district's name. The board shall give written notice of
214	214	the change to each municipality in which the district is located.
215	215	Sec. 3897.109. TERMS OF EMPLOYMENT; COMPENSATION. The
216	216	board may employ and establish the terms of employment and
217	217	compensation of an executive director or general manager and any
218	218	other district employees the board considers necessary.
219	219	Sec. 3897.110. USE OF ROADWAY, PARK, OR OTHER PUBLIC AREA OR
220	220	FACILITY OF DISTRICT. (a) The board by rule may regulate the
221	221	private use of a public roadway, open space, park, sidewalk, or
222	222	similar public area or facility in the district. A rule may provide
223	223	for the safe and orderly use of public roadways, open spaces, parks,
224	224	sidewalks, and similar public areas or facilities.
225	225	(b) The board may require a permit for a parade,
226	226	demonstration, celebration, entertainment event, or similar
227	227	nongovernmental activity in or on a public roadway, open space,
228	228	park, sidewalk, or similar public area or facility owned by the
229	229	district. The board may charge a fee for the permit application or
230	230	for public safety or security services for those facilities in an
231	231	amount the board considers necessary.
232	232	(c) The board may require a permit or franchise agreement
233	233	with a vendor, concessionaire, exhibitor, or similar private or
234	234	commercial person or organization for the limited use of the area or
235	235	facility owned by the district on terms and on payment of a permit
236	236	or franchise fee the board may impose.
237	237	Sec. 3897.111. ADDING OR REMOVING TERRITORY. As provided
238	238	by Subchapter J, Chapter 49, Water Code, the board may add territory
239	239	to the district, subject to Section 54.016, Water Code, or remove
240	240	territory from the district, except that:
241	241	(1) the addition or removal of the territory must be
242	242	approved by:
243	243	(A) the governing body of the municipality in
244	244	which the territory is located, as applicable; and
245	245	(B) the owners of the territory being added or
246	246	removed;
247	247	(2) a reference to a tax in Subchapter J, Chapter 49,
248	248	or Section 54.016, Water Code, means an ad valorem tax; and
249	249	(3) territory may not be removed from the district if
250	250	bonds or other obligations of the district payable wholly or partly
251	251	from ad valorem taxes or assessments levied or assessed on the
252	252	territory are outstanding.
253	253	Sec. 3897.112. ECONOMIC DEVELOPMENT. (a) The district may
254	254	create an economic development program authorized by Section 52-a,
255	255	Article III, Texas Constitution.
256	256	(b) The district may exercise the economic development
257	257	powers that:
258	258	(1) Chapter 380, Local Government Code, provides to a
259	259	municipality with a population of more than 100,000; and
260	260	(2) Chapter 1509, Government Code, provides to a
261	261	municipality.
262	262	Sec. 3897.113. NO EMINENT DOMAIN POWER. The district may
263	263	not exercise the power of eminent domain.
264	264	[Sections 3897.114-3897.150 reserved for expansion]
265	265	SUBCHAPTER C-1. IMPROVEMENT PROJECTS
266	266	Sec. 3897.151. BOARD DETERMINATION REQUIRED. The district
267	267	may not undertake an improvement project unless the board
268	268	determines the project to be necessary to accomplish a public
269	269	purpose of the district.
270	270	Sec. 3897.152. LOCATION OF IMPROVEMENT PROJECT. An
271	271	improvement project may be inside or outside the district.
272	272	Sec. 3897.153. MUNICIPAL REQUIREMENTS. (a) An improvement
273	273	project in a municipality must comply with any applicable municipal
274	274	requirements, including codes and ordinances.
275	275	(b) The district may not provide, conduct, or authorize any
276	276	improvement project on the municipality's streets, highways,
277	277	rights-of-way, or easements without the consent of the governing
278	278	body of that municipality.
279	279	Sec. 3897.154. LAKE. For the purposes of this subchapter,
280	280	planning, design, construction, improvement, or maintenance of a
281	281	lake includes work done for drainage, reclamation, or recreation.
282	282	Sec. 3897.155. WATER. (a) An improvement project may
283	283	include a supply and distribution facility or system to provide
284	284	potable and nonpotable water to the residents and businesses of the
285	285	district, including a wastewater collection facility.
286	286	(b) The district may plan, design, construct, improve,
287	287	maintain, or operate a water or sewer facility under this section.
288	288	Sec. 3897.156. ROADS. An improvement project may include a
289	289	paved, macadamized, or graveled road or street inside and outside
290	290	the district, to the full extent authorized by Section 52, Article
291	291	III, Texas Constitution.
292	292	Sec. 3897.157. STORM WATER. An improvement project may
293	293	include protection and improvement of the quality of storm water
294	294	that flows through the district.
295	295	Sec. 3897.158. PARKING OR HELIPORT. An improvement project
296	296	may include the planning, design, construction, improvement,
297	297	maintenance, and operation of an off-street parking facility or
298	298	heliport.
299	299	Sec. 3897.159. EDUCATION AND CULTURE. An improvement
300	300	project may include the planning and acquisition of:
301	301	(1) public art and sculpture and related exhibits and
302	302	facilities; or
303	303	(2) an educational facility and a cultural exhibit or
304	304	facility.
305	305	Sec. 3897.160. CONVENTION CENTER. An improvement project
306	306	may include the planning, design, construction, acquisition,
307	307	lease, rental, improvement, maintenance, installation, and
308	308	management of and provision of furnishings for a facility for:
309	309	(1) a conference, convention, or exhibition;
310	310	(2) a manufacturer, consumer, or trade show;
311	311	(3) a civic, community, or institutional event; or
312	312	(4) an exhibit, display, attraction, special event, or
313	313	seasonal or cultural celebration or holiday.
314	314	Sec. 3897.161. DEMOLITION. An improvement project may
315	315	include the removal, razing, demolition, or clearing of land or
316	316	improvements in connection with an improvement project.
317	317	Sec. 3897.162. MITIGATION OF ENVIRONMENTAL EFFECTS. An
318	318	improvement project may include the acquisition and improvement of
319	319	land or other property for the mitigation of the environmental
320	320	effects of an improvement project.
321	321	Sec. 3897.163. ACQUISITION OF PROPERTY. An improvement
322	322	project may include the acquisition of property or an interest in
323	323	property in connection with an improvement project, including a
324	324	project authorized by Subchapter A, Chapter 372, Local Government
325	325	Code.
326	326	Sec. 3897.164. SPECIAL OR SUPPLEMENTAL SERVICES. An
327	327	improvement project may include a special or supplemental service
328	328	for the improvement and promotion of the district or an area
329	329	adjacent to the district or for the protection of public health and
330	330	safety in or adjacent to the district, including:
331	331	(1) advertising;
332	332	(2) promotion;
333	333	(3) tourism;
334	334	(4) health and sanitation;
335	335	(5) public safety;
336	336	(6) security;
337	337	(7) fire protection or emergency medical services;
338	338	(8) business recruitment;
339	339	(9) development;
340	340	(10) the elimination of traffic congestion; and
341	341	(11) recreational, educational, or cultural
342	342	improvements, enhancements, and services.
343	343	Sec. 3897.165. MISCELLANEOUS DESIGN, CONSTRUCTION, AND
344	344	MAINTENANCE. An improvement project may include the planning,
345	345	design, construction, improvement, and maintenance of:
346	346	(1) landscaping;
347	347	(2) highway right-of-way or transit corridor
348	348	beautification and improvement;
349	349	(3) lighting, banners, and signs;
350	350	(4) a street or sidewalk;
351	351	(5) a hiking and cycling path or trail;
352	352	(6) a pedestrian walkway, skywalk, crosswalk, or
353	353	tunnel;
354	354	(7) a park, lake, garden, recreational facility,
355	355	community activities center, dock, wharf, sports facility, open
356	356	space, scenic area, or related exhibit or preserve;
357	357	(8) a fountain, plaza, or pedestrian mall; or
358	358	(9) a drainage or storm water detention improvement.
359	359	Sec. 3897.166. SIMILAR IMPROVEMENT PROJECTS. An
360	360	improvement project may include a public improvement, facility, or
361	361	service similar to a project described by this subchapter.
362	362	[Sections 3897.167-3897.200 reserved for expansion]
363	363	SUBCHAPTER C-2. CONTRACTS
364	364	Sec. 3897.201. GENERAL CONTRACT POWERS. The district may
365	365	contract with any person to accomplish any district purpose.
366	366	Sec. 3897.202. CONTRACT TERMS. (a) In this section, "note"
367	367	includes a bond anticipation note.
368	368	(b) A contract the district enters into to carry out a
369	369	purpose of this chapter may be on any terms and for any period the
370	370	board determines, including an obligation to issue a negotiable or
371	371	nonnegotiable note or warrant payable to a municipality, a county,
372	372	or any other person for the payment or reimbursement of any district
373	373	costs.
374	374	Sec. 3897.203. REIMBURSEMENT OF COSTS. The district may
375	375	contract with any person for the payment, repayment, or
376	376	reimbursement of costs incurred by that person on behalf of the
377	377	district, including all or part of the costs of an improvement
378	378	project and interest on the reimbursed cost.
379	379	Sec. 3897.204. CONTRACT FOR IMPROVEMENT PROJECT. (a) The
380	380	district may contract with any person for the use, occupancy,
381	381	lease, rental, operation, maintenance, or management of all or part
382	382	of a proposed or existing improvement project.
383	383	(b) The district may apply for and contract with any person
384	384	to receive, administer, and perform a duty or obligation of the
385	385	district under a federal, state, local, or private gift, grant,
386	386	loan, conveyance, transfer, bequest, or other financial assistance
387	387	arrangement relating to the investigation, planning, analysis,
388	388	study, design, acquisition, construction, improvement, completion,
389	389	implementation, or operation by the district or others of a
390	390	proposed or existing improvement project.
391	391	Sec. 3897.205. NO FURTHER CONTRACT AUTHORIZATION REQUIRED.
392	392	Any person, including a municipality or county in which the
393	393	district is located, may contract with the district to carry out the
394	394	purposes of this chapter without further statutory or other
395	395	authorization.
396	396	[Sections 3897.206-3897.250 reserved for expansion]
397	397	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
398	398	Sec. 3897.251. PROJECT DEVELOPMENT AGREEMENT REQUIRED TO
399	399	IMPOSE TAXES OR BORROW MONEY, INCLUDING BONDS. Before the district
400	400	may issue bonds, impose taxes, or borrow money, the district and
401	401	each municipality in which the district is located must negotiate
402	402	and execute a project development agreement regarding the
403	403	development plans and rules for:
404	404	(1) the development and operation of the district; and
405	405	(2) the financing of improvement projects.
406	406	Sec. 3897.252. BORROWING MONEY. (a) In this section,
407	407	"note" includes a bond anticipation note.
408	408	(b) The district may borrow money for a district purpose by
409	409	issuing or executing bonds, negotiable or nonnegotiable notes,
410	410	credit agreements, or other obligations of any kind found by the
411	411	board to be necessary or appropriate for a district purpose. The
412	412	bond, note, credit agreement, or other obligation must be secured
413	413	by and payable from any combination of ad valorem taxes,
414	414	assessments, future bond proceeds, or any other district revenue or
415	415	sources of money.
416	416	Sec. 3897.253. GENERAL POWERS REGARDING PAYMENT OF DISTRICT
417	417	BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or
418	418	secure the payment or repayment of any bond, note, or other
419	419	temporary or permanent obligation or reimbursement or other
420	420	contract with any person and the costs and expenses of the
421	421	establishment, administration, and operation of the district and
422	422	the district's costs or share of the costs or revenue of an
423	423	improvement project or district contractual obligation or
424	424	indebtedness by:
425	425	(1) the imposition of an ad valorem tax or an
426	426	assessment, user fee, concession fee, or rental charge; or
427	427	(2) any other revenue or resources of the district,
428	428	including bond proceeds, or other revenue received under an
429	429	agreement with a municipality, including revenue from a tax
430	430	increment reinvestment zone created by the municipality.
431	431	Sec. 3897.254. ASSESSMENTS. (a) The district may impose an
432	432	assessment on property in the district to pay the cost or the cost
433	433	of maintenance of any authorized district improvement in the manner
434	434	provided for:
435	435	(1) a district under Subchapters A, E, and F, Chapter
436	436	375, Local Government Code; or
437	437	(2) a municipality or county under Subchapter A,
438	438	Chapter 372, Local Government Code.
439	439	(b) An assessment, a reassessment, or an assessment
440	440	resulting from an addition to or correction of the assessment roll
441	441	by the district, penalties and interest on an assessment or
442	442	reassessment, an expense of collection, and reasonable attorney's
443	443	fees incurred by the district:
444	444	(1) are a first and prior lien against the property
445	445	assessed; and
446	446	(2) are superior to any other lien or claim other than
447	447	a lien or claim for county, school district, or municipal ad valorem
448	448	taxes.
449	449	(c) The lien of an assessment against property runs with the
450	450	land. The portion of an assessment payment obligation that has not
451	451	yet come due is not eliminated by the foreclosure of an ad valorem
452	452	tax lien, and any purchaser of property in a foreclosure of an ad
453	453	valorem tax lien takes the property subject to the assessment
454	454	payment obligations that have not yet come due and to the lien and
455	455	terms of the lien's payment under the applicable assessment
456	456	ordinance or order.
457	457	(d) The board may make a correction to or deletion from the
458	458	assessment roll that does not increase the amount of assessment of
459	459	any parcel of land without providing notice and holding a hearing in
460	460	the manner required for additional assessments.
461	461	Sec. 3897.255. IMPACT FEES; EXEMPTION. (a) The district
462	462	may impose an impact fee on property in the district, including an
463	463	impact fee on residential or commercial property, only in the
464	464	manner provided by Subchapter A, Chapter 372, or Subchapter F,
465	465	Chapter 375, Local Government Code, for a municipality or county.
466	466	(b) An impact fee for residential property must be for the
467	467	limited purpose of providing capital funding for:
468	468	(1) public water and wastewater facilities;
469	469	(2) drainage and storm water facilities; and
470	470	(3) streets and alleys.
471	471	(c) The district may not impose an impact fee on the
472	472	property, including equipment and facilities, of a public utility
473	473	provider in the district.
474	474	Sec. 3897.256. STORM WATER USER CHARGES. The district may
475	475	establish user charges related to the operation of storm water
476	476	facilities, including the regulation of storm water for the
477	477	protection of water quality in the district.
478	478	Sec. 3897.257. NONPOTABLE WATER USER CHARGES. The district
479	479	may establish user charges for the use of nonpotable water for
480	480	irrigation purposes, subject to approval of the governing body of
481	481	the municipality in which the user is located.
482	482	Sec. 3897.258. COSTS FOR IMPROVEMENT PROJECTS. The
483	483	district may undertake separately or jointly with other persons,
484	484	including a municipality or county in which the district is
485	485	located, all or part of the cost of an improvement project,
486	486	including an improvement project:
487	487	(1) for improving, enhancing, and supporting public
488	488	safety and security, fire protection and emergency medical
489	489	services, and law enforcement in and adjacent to the district; or
490	490	(2) that confers a general benefit on the entire
491	491	district or a special benefit on a definable part of the district.
492	492	Sec. 3897.259. RESIDENTIAL PROPERTY NOT EXEMPT. Section
493	493	375.161, Local Government Code, does not apply to the district.
494	494	[Sections 3897.260-3897.300 reserved for expansion]
495	495	SUBCHAPTER E. TAXES AND BONDS
496	496	Sec. 3897.301. PROPERTY TAX AUTHORIZED. The district may
497	497	impose an ad valorem tax on all taxable property in the district,
498	498	including industrial, commercial, and residential property, to:
499	499	(1) pay for an improvement project of the types
500	500	authorized by Section 52, Article III, and Section 59, Article XVI,
501	501	Texas Constitution; or
502	502	(2) secure the payment of bonds issued for a purpose
503	503	described by Subdivision (1).
504	504	Sec. 3897.302. MAINTENANCE AND OPERATION TAX; ELECTION.
505	505	(a) The district may impose a tax for maintenance and operation
506	506	purposes, including for:
507	507	(1) planning, constructing, acquiring, maintaining,
508	508	repairing, and operating all improvement projects, including land,
509	509	plants, works, facilities, improvements, appliances, and equipment
510	510	of the district; and
511	511	(2) paying costs of services, engineering and legal
512	512	fees, and organization and administrative expenses.
513	513	(b) The district may not impose a maintenance and operation
514	514	tax unless the tax is approved by a majority of the district voters
515	515	voting at an election held for that purpose. The proposition in a
516	516	maintenance and operation tax election may be for a specific
517	517	maximum rate or for an unlimited rate. If a maximum tax rate is
518	518	approved, the board may impose the tax at any rate that does not
519	519	exceed the approved rate.
520	520	(c) A maintenance and operation tax election may be held at
521	521	the same time and in conjunction with any other district election.
522	522	The election may be called by a separate election order or as part
523	523	of any other election order.
524	524	Sec. 3897.303. USE OF SURPLUS MAINTENANCE AND OPERATION
525	525	MONEY. If the district has maintenance and operation tax money that
526	526	is not needed for the purposes for which it was collected, the money
527	527	may be used for any authorized purpose.
528	528	Sec. 3897.304. TAX ABATEMENT. The district may enter into a
529	529	tax abatement agreement in accordance with the general laws of this
530	530	state authorizing and applicable to a tax abatement agreement by a
531	531	municipality.
532	532	Sec. 3897.305. BONDS AND OTHER OBLIGATIONS; MUNICIPAL
533	533	APPROVAL. (a) The district by competitive bid or negotiated sale
534	534	may issue bonds, notes, or other obligations payable wholly or
535	535	partly from ad valorem taxes, future bond proceeds, or assessments
536	536	in the manner provided by Subchapter A, Chapter 372, or Subchapter
537	537	J, Chapter 375, Local Government Code.
538	538	(b) In exercising the district's borrowing power, the
539	539	district may issue a bond or other obligation in the form of a bond,
540	540	note, including a bond anticipation note, certificate of
541	541	participation or other instrument evidencing a proportionate
542	542	interest in payments to be made by the district, or any other type
543	543	of obligation.
544	544	(c) In addition to the sources of money described by
545	545	Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
546	546	Government Code, district bonds may be secured and made payable,
547	547	wholly or partly, by a pledge of any part of the money the district
548	548	receives from system or improvement revenue or from any other
549	549	source, including future bond proceeds.
550	550	Sec. 3897.306. BOND MATURITY. Bonds may mature not more
551	551	than 40 years from their date of issue.
552	552	Sec. 3897.307. TAXES FOR BONDS AND OTHER OBLIGATIONS;
553	553	ELECTION. (a) At the time bonds or other obligations payable
554	554	wholly or partly from ad valorem taxes are issued:
555	555	(1) the board shall impose a continuing direct annual
556	556	ad valorem tax, without limit as to rate or amount, for each year
557	557	that all or part of the bonds are outstanding; and
558	558	(2) the district annually shall impose an ad valorem
559	559	tax on all taxable property in the district in an amount sufficient
560	560	to:
561	561	(A) pay the interest on the bonds or other
562	562	obligations as the interest becomes due;
563	563	(B) create a sinking fund for the payment of the
564	564	principal of the bonds or other obligations when due or the
565	565	redemption price at any earlier required redemption date; and
566	566	(C) pay the expenses of imposing the taxes.
567	567	(b) Bonds or other obligations that are secured by and
568	568	payable from ad valorem taxes may not be issued unless the bonds and
569	569	the imposition of the taxes are approved by a majority of the
570	570	district voters voting at an election held for that purpose.
571	571	(c) The district shall hold an election required by this
572	572	section in the manner provided by Chapter 54, Water Code, and the
573	573	Election Code.
574	574	(d) If the district issues bond anticipation notes payable
575	575	from future bond proceeds that are payable wholly or partly from an
576	576	ad valorem tax, the bonds must have been previously approved at an
577	577	election and meet the requirements of this section.
578	578	[Sections 3897.308-3897.350 reserved for expansion]
579	579	SUBCHAPTER F. DISSOLUTION
580	580	Sec. 3897.351. DISSOLUTION BY MUNICIPAL ORDINANCE. (a)
581	581	The largest municipality in which the district is located may
582	582	dissolve the district by ordinance.
583	583	(b) The municipality may not dissolve the district until the
584	584	district's outstanding indebtedness or contractual obligations
585	585	that are payable from ad valorem taxes have been repaid or
586	586	discharged.
587	587	(c) The municipality may not dissolve the district until
588	588	each agreement under Section 3897.251 has been executed and the
589	589	district's performance under the agreement has been fulfilled,
590	590	including any right or obligation the district has to reimburse a
591	591	developer or owner for the costs of improvement projects.
592	592	Sec. 3897.352. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
593	593	(a) If the dissolved district has bonds or other obligations
594	594	outstanding secured by and payable from assessments or other
595	595	revenue, other than ad valorem taxes, the municipality in which the
596	596	project that generated the revenue is located shall succeed to the
597	597	rights and obligations of the district regarding enforcement and
598	598	collection of the assessments or other revenue.
599	599	(b) The municipality shall have and exercise all district
600	600	powers to enforce and collect the assessments or other revenue to
601	601	pay:
602	602	(1) the bonds or other obligations when due and
603	603	payable according to their terms; or
604	604	(2) special revenue or assessment bonds or other
605	605	obligations issued by the municipality to refund the outstanding
606	606	bonds or obligations.
607	607	Sec. 3897.353. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
608	608	After the municipality dissolves the district, the municipality
609	609	assumes the obligations of the district, including any bonds or
610	610	other indebtedness payable from assessments or other district
611	611	revenue.
612	612	(b) If the municipality dissolves the district, the board
613	613	shall transfer ownership of all district property to the
614	614	municipality in which the property is located, or if the property is
615	615	not located in a municipality, to the county in which the property
616	616	is located.
617	617	SECTION 2. The district shall include the following land,
618	618	described by metes and bounds as follows:
619	619	All that certain tract or parcel of land lying and being
620	620	situate in the City of Nacogdoches, Nacogdoches County, Texas on
621	621	the SAMUEL MARSHALL SURVEY, A-365, being part of a 98.4 acre tract
622	622	described as 1st Tract of Second Tract, part of a 34.1 acre tract
623	623	described as Third Tract, part of a 7.111 acre tract described as
624	624	Fifth Tract, and part of a 13.592 acre tract described as Seventh
625	625	Tract in a deed from C.S. Jones, et ux, to Lone Star Breeder Farm,
626	626	Inc., dated January 24, 1958, recorded in Volume 272, Page 359 of
627	627	the DRNCT, and part of a 240.7 acre tract described as First Tract
628	628	in a deed from Christian Medical Foundation, Inc., to Lone Star
629	629	Breeder Farm, Inc., recorded in Volume 334, Page 122 of the DRNCT,
630	630	and more particularly described as follows:
631	631	BEGINNING at a 1-1/2" iron pipe found at the base of a fence
632	632	corner post for the SWC of the Kenbrook North Addition, recorded in
633	633	Volume 3, Page 5-7 of the Plat Records of Nacogdoches County, Texas
634	634	(PRNCT), the NWC of the 13.592 acre tract, and in the EBL of the 98.4
635	635	acre tract;
636	636	THENCE N 86°12'34" E (called N 86°45' E in 272/359 and N
637	637	89°36'53" E in 3/5-7 PRNCT) with the NBL of the 13.592 acre tract and
638	638	the SBL of Kenbrook North Addition, at 286.9 feet pass a point 1.7
639	639	feet south of a 3/4" iron rod found, at 406.6 feet pass a point 0.3
640	640	feet north of a 1/2" iron rod found, at 525.6 feet pass a point 1.4
641	641	feet south of a 3/4" iron rod found, at 766.6 feet pass a point 1.0
642	642	feet south of a 3/4" iron pipe found, at 886.6 feet pass a point 0.5
643	643	feet south of a 5/8" iron rod found, and in all 992.29 feet (called
644	644	1119.4' in 272/359 and 994.65' in 3/5-7 PRNCT) to a 2" iron pipe
645	645	found for angle corner in the SBL of Kenbrook North Addition, the
646	646	occupied NEC of the 13.592 acre tract, the NWC of a 11.3 acre tract
647	647	described as Tract Two in a deed from Texas Service Life Insurance
648	648	Company to Lyle Thorstenson, et ux, dated November 4, 1992,
649	649	recorded in Volume 828, Page 30 of the DRNCT;
650	650	THENCE S 06°42'53" W (called S 10° W in 272/359 and S 11° W in
651	651	828/30) with the occupied EBL of the 13.592 acre tract and the WBL
652	652	of the 11.3 acre tract, at 362.61 feet pass a 3/8" iron rod found for
653	653	the SWC of the 11.3 acre tract and the NWC of a 10.39 acre tract
654	654	described in a deed from Tom Jones to Charles Logan, et ux, dated
655	655	July 22, 1966, recorded in Volume 337, Page 372 of the DRNCT, and in
656	656	all 382.11 feet to a point for corner in the centerline of a branch
657	657	and the WBL of the 10.39 acre tract;
658	658	THENCE with the meanders of the centerline of said branch as
659	659	follows:
660	660	1. S 82°09'36" W, 50.72 feet; 2. S 48°54'39" W, 35.18 feet;
661	661	3. S 34°22'24" W, 29.53 feet; 4. S 74°58'24" W, 18.52 feet;
662	662	5. S 49°38'26" W, 43.35 feet; 6. S 00°39'30" W, 39.58 feet;
663	663	7. S 55°24'09" W, 48.03 feet; 8. S 04°28'22" W, 45.81 feet;
664	664	9. S 56°30'54" W, 15.88 feet; 10. N 69°22'31" W, 46.25 feet;
665	665	11. S 55°31'51" W, 61.21 feet; 12. S 70°31'12" W, 100.13 feet;
666	666	13. S 85°50'02" W, 34.33 feet; 14. N 58°03'58" W, 51.81 feet;
667	667	15. S 79°38'09" W, 59.16 feet; 16. N 79°34'50" W, 57.07 feet;
668	668	17. N 62°50'24" W, 44.62 feet; 18. N 70°59'09" W, 29.20 feet;
669	669	19. N 46°17'24" W, 22.76 feet; 20. S 46°05'11" W, 106.77 feet;
670	670	21. N 52°48'49" W, 76.41 feet; 22. N 24°49'49" W, 32.59 feet;
671	671	23. N 68°46'25" W, 89.22 feet; 24. N 55°51'25" W, 44.31 feet;
672	672	25. N 60°43'07" W, 63.64 feet; 26. N 83°43'02" W, 76.64 feet;
673	673	27. N 39°08'20" W, 45.76 feet; 28. S 64°00'08" W, 55.43 feet;
674	674	29. S 78°15'18" W, 51.35 feet; 30. N 65°17'01" W, 40.20 feet;
675	675	31. N 51°25'37" W, 34.71 feet; 32. S 53°55'17" W, 95.66 feet;
676	676	33. S 64°46'48" W, 56.59 feet; 34. S 78°49'38" W, 60.02 feet;
677	677	35. N 84°08'55" W, 71.77 feet; 36. N 40°23'53" W, 27.74 feet;
678	678	37. N 60°00'50" W, 58.49 feet; 38. S 89°23'46" W, 38.39 feet;
679	679	39. S 51°47'35" W, 33.00 feet; 40. S 83°31'21" W, 29.43 feet;
680	680	41. S 41°10'09" W, 14.48 feet; 42. S 83°39'36" W, 22.67 feet;
681	681	43. N 20°02'08" W, 16.80 feet; 44. N 08°24'01" W, 14.46 feet;
682	682	45. N 65°25'57" W, 53.59 feet; 46. N 38°34'52" W, 33.98 feet;
683	683	47. N 76°14'16" W, 54.42 feet; 48. N 81°16'42" W, 44.12 feet;
684	684	49. N 60°00'12" W, 99.63 feet; 50. N 72°59'23" W, 68.62 feet;
685	685	51. N 68°45'56" W, 80.15 feet; 52. N 43°13'00" E, 40.35 feet;
686	686	53. N 78°25'21" W, 49.93 feet; 54. N 59°59'25" W, 60.28 feet;
687	687	55. N 49°49'20" W, 69.27 feet; 56. N 69°07'16" W, 53.13 feet
688	688	to a point for corner in the EBL of Lot 2, University Park
689	689	Subdivision, recorded in Volume 5, Page 33 of the PRNCT, from which
690	690	a 1/2" iron rod found for witness bears N 01°12'28" E, 30.00 feet;
691	691	THENCE N 01°12'28" E, 140.44 feet (called N 04°39'37" E in 5/33
692	692	PRNCT) with the EBL of Lot 2 to a 1" iron pipe found for corner, from
693	693	which a Tallow snag bears S 54~ W, 2.0 feet;
694	694	THENCE N 88°44'28" W (called N 85°23'52" W in 5/33 PRNCT),
695	695	75.00 feet with the NBL of Lot 2 to a 1/2" iron rod found for corner;
696	696	THENCE N 01°10'22" E, 345.85 feet to a 1/2" iron rod set for
697	697	corner in the SBL of a 4.145 acre tract described in a deed from Lone
698	698	Star Breeder Farm, Inc., to the City of Nacogdoches, dated July 16,
699	699	2007, recorded in Volume 2693, Page 177 of the DRNCT, said 4.145
700	700	acre tract being the right-of-way for Maroney Drive;
701	701	THENCE with the SBL of the 4.145 acre tract as follows:
702	702	1. S 88°49'38" E, 189.84 feet to a 1/2" iron rod set for
703	703	corner;
704	704	2. Northeasterly, 399.38 feet with a tangent curve to the
705	705	left having a radius of 527.35 feet, a central angle of 43°23'31",
706	706	and a chord of N 69°28'36" E, 389.90 feet to a 1/2" iron rod set for
707	707	corner;
708	708	3. N 86°47'25" E, 25.99 feet to a 1/2" iron rod set for
709	709	corner;
710	710	4. N 41°47'25" E, 73.31 feet to a 1/2" iron rod set for
711	711	corner;
712	712	5. N 03°12'35" W, 21.92 feet to a 1/2" iron rod set for
713	713	corner;
714	714	6. N 41°47'25" E, 151.81 feet to a 1/2" iron rod found for
715	715	corner;
716	716	7. Northeasterly, 388.82 feet with a tangent curve to the
717	717	right, having a radius of 472.65 feet, a central angle of 47°08'02",
718	718	and a chord of N 65°21'26" E, 377.95 feet to a 1/2" iron rod found
719	719	for corner;
720	720	8. N 88°55'28" E, 37.19 feet to a 1/2" iron rod set for
721	721	corner;
722	722	9. S 46°04'33" E, 21.92 feet to a 1/2" iron rod set for
723	723	corner;
724	724	10. N 88°55'28" E, 73.31 feet to a 1/2" iron rod set for
725	725	corner;
726	726	11. N 43°55'27" E, 21.92 feet to a 1/2" iron rod set for
727	727	corner;
728	728	12. N 88°55'28" E, at 296.5 feet pass a wire fence, and in all
729	729	304.32 feet to an "X" found chiseled in a concrete drive at the most
730	730	easterly SEC of the 4.145 acre tract, in the WBL of Kenbrook North
731	731	Addition and the EBL of the 240.7 acre tract;
732	732	THENCE S 07°05'37" W (called S 10° W), at 141.3 feet pass a
733	733	point 1.1 feet east of a 3/8" iron rod, at 240.2 feet pass a point
734	734	0.6 feet east of a 1/2" iron rod, at 360.2 feet pass a point 0.7 feet
735	735	east of a 1/2" pipe, and in all 876.83 feet to the place of BEGINNING
736	736	containing within these calls 44.34 acres.
737	737	SECTION 3. This Act takes effect immediately if it receives
738	738	a vote of two-thirds of all the members elected to each house, as
739	739	provided by Section 39, Article III, Texas Constitution. If this
740	740	Act does not receive the vote necessary for immediate effect, this
741	741	Act takes effect September 1, 2011.
742	742
743	743	Pos. No. Name of Director
744	744
745	745	1 Charles F. Jordan
746	746
747	747	2 Darren Woody
748	748
749	749	3 Rob Hutchison
750	750
751	751	4 Joe Geer
752	752
753	753	5 Nick Craig